This order disposed of a writ petition filed under Article 226 praying quo warranto against the 4th respondent for holding an ineligible post. The Court held that since the respondent's services were terminated, the petition perished and ordered it be closed.
The writ petition was closed and all pending interlocutory applications were closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE THE CHIEF JUSTICE MR. A.J.DESAI
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
TUESDAY, THE 10TH DAY OF OCTOBER 2023 / 18TH ASWINA, 1945
WP(C) NO. 15974 OF 2020
PETITIONER:
MAITHEEN M.PAREETH
AGED 38 YEARS, S/O.SYED,
MATTAPPILLY HOUSE, MARAMPILLY VILLAGE,
PERUMBAVOOR, ERNAKULM DISTRICT.
BY ADVS.
SRI S.KRISHNALAL
SRI.JOLLY GEORGE
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 695001.2 (THE SOCIAL SECRETARY, SOCIAL JUSTICE DEPARTMENT, THIRUVANANTHAPURAM - 695 001.)RESPONDENT NO.2 IS CORRECTED AS:
SECRETARY TO GOVERNMENT,
SOCIAL WELFARE DEPARTMENT, THIRUVANANTHAPURAM
AS PER ORDER DATED 05/08/2020 IN WPC.
3 THE EXECUTIVE COMMITTEE KERALA SOCIAL SECURITY MISSION, THIRUVANANTHAPURAM REPRESENTED BY ITS EXECUTIVE DIRECTOR - 695 001.W.P.(C)No.15974 of 2020
2
4 K.JAYACHANDRAN
(RETD. ADDITIONAL SECRETARY), AGED 66 YEARS,
NAYANA, T.C.15/756(1), PAALOTTUKONAM,
VAZHUTHAKKAD, TRIVANDRUM - 695 005.
BY SR.GP.T.K.VIPINDAS
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
10.10.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C)No.15974 of 2020
3
JUDGMENT
Dated this the 10th day of October 2023
A.J. Desai, C.J.
By way of the present petition, filed in the nature of public interest under Article 226 of the Constitution of India, the petitioner has prayed to issue a writ in the nature of quo warranto calling upon the 4th respondent to show cause under what authority of law he is holding the post of Assistant Director, Kerala Social Security Mission and continuing to hold the office, in spite of his ineligibility to hold that post.
In view of the above, nothing survives in this writ petition for further adjudication. It is accordingly closed.
Pending interlocutory applications, if any, shall stand closed.
Sd/-
A.J. Desai Chief Justice
Sd/-
Judge
V.G. Arun
vpv
W.P.(C)No.15974 of 2020
4
APPENDIX OF WP(C) 15974/2020
PETITIONER’S EXHIBITS
EXHIBIT P1 TRUE COPY OF THE REGISTERED BYLAW OF THE
KERALA SOCIAL SECURITY MISSION.
EXHIBIT P2 TRUE COPY OF RELEVANT PAGES AND DECISION
OF THE 21ST MEETING OF THE GOVERNING BODY
OF THE KERALA SOCIAL SECURITY MISSION
DATED 23/12/2015 ALONG WITH ITS ENGLISH
TRANSLATION.
EXHIBIT P3 TRUE COPY OF THE ORDER NO.375/2016 DATED
16/08/2016 OF THE KERALA SOCIAL JUSTICE
DEPARTMENT ALONG WITH ITS ENGLISH
TRANSLATION.
EXHIBIT P4 TRUE COPY OF THE IDENTITY CARD NUMBER
17490/17/KSSM DATED 5/12/2017 ISSUED TO
THE 4TH RESPONDENT BY THE KSSM.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 26/12/2019
SENT BY THE PETITIONER TO THE 1ST
RESPONDENT ALONG WITH ITS ENGLISH
TRANSLATION.
EXHIBIT P6 TRUE COPY OF THE LAWYER NOTICE DATED
13/02/2020 ISSUED TO THE 1ST AND 2ND
RESPONDENTS ALONG WITH ITS ENGLISH
TRANSLATION.
RESPONDENTS’ EXHIBITS
EXHIBIT R2(A) A TRUE COPY OF THE PROCEEDINGS
NO.A1/4404/16/KSSM DATED 17.8.2019.
//TRUE COPY//
P.A. TO JUDGE
1 issue framed by the court
Whether the petitioners prayer for quo warranto against the 4th respondent ineligibility to hold post survives after his termination
Maitheen M. Pareeth
State of Kerala represented by the Chief Secretary
Secretary to Government, Social Welfare Department
Executive Committee Kerala Social Security Mission
K. Jayachandran
A.J. Desai
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court